A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
Car mechanics—the unsung heroes that keep us mobile—are among the groups of people who are at risk and were at risk for asbestos exposure. This is because brake pads and liners were made with asbestos. Auto mechanics who worked with grinding machines to smooth out those brake liners and pads, would have been exposed to asbestos.
According to a study by the Environmental Protection Agency that looked at the risk for asbestos exposure during regrinding of old brake linings, as many as 7 million asbestos fibers per cubic meter can become airborne and saturate the area around the grinding machine, while it’s in use. If the mechanic was grinding new brake pads, the exposure was estimated at 5 million asbestos fibers per cubic meter.
These fibers would be inhaled, not just by the people working the machines but also by anyone nearby. If this type of exposure was routine—it would or could result in asbestos disease such as asbestos mesothelioma, asbestosis and worse.
In a ruling this week in San Francisco, four asbestos lawsuits brought by mechanics and their families in 2007 and 2008 against the manufacturer of a brake shoe grinding machine, have been reinstated. All the mechanics had developed asbestos disease.
San Francisco, CA: Four lawsuits filed by asbestos victims, against a manufacturer of brake shoe grinding machines, have been reinstated by a state appeals court in San Francisco. The lawsuits claim that the machines released the lethal fibers from brake linings. The lawsuits were filed in 2007 and 2008, by a former mechanic who suffers from asbestosis and by families of three people who, after years of exposure to asbestos, died of asbestos-related cancer.
All the plaintiffs allege the asbestos was generated from brake shoe linings by grinding machines made by Hennessy Industries, the defendant in the lawsuits. Hennessy, based in Tennessee, manufactures wheel service equipment.
This latest ruling effectively overturns an earlier decision made by Superior Court Judge Harold Kahn in June 2010, which dismissed the four asbestos lawsuits, based on Kahn’s ruling that asbestos was not used in by Hennessy in its machines, and so was not responsible for the asbestos illness and injuries detailed in the lawsuits.
According to the San Francisco Chronicle, the First District Court of Appeal, having reviewed the lawsuits, stated the sole purpose of Hennessy’s machines was to grind brake linings, inevitably releasing the asbestos they contained. “When used as designed and intended, Hennessy’s machines caused the release of the toxic agent,” said Presiding Justice Barbara Jones in the 3-0 ruling.” (sfgate.com)
Jefferson County, TX: The daughter of the late Joyce Venable has filed an asbestos lawsuit alleging Chevron USA and Texaco, exposed her father to asbestos. The lawsuit states “As a result of such exposure, Joyce Venable developed an asbestos-related disease, esophageal cancer, from which he died a painful and terrible death on May 23, 2010.”
According to the lawsuit, Venable was employed by Texaco in Jefferson County, where he was exposed to asbestos. The lawsuit claims that Chevron USA and Texaco knew for decades that asbestos products were harmful and still allowed their employees to work with them without warning. (setexasrecord.com)
Charleston, WV: A couple from Florida is suing 30 companies they claim are responsible for a malignant mesothelioma diagnosis of Barbara E. Amick. Mrs. Amick was diagnosed with malignant mesothelioma, according to the lawsuit, on December 13, 2011.
The asbestos lawsuit alleges the 39 defendants are responsible for the diagnosis because they exposed her to asbestos during her employment in the accounts and sales departments from 1952 until 1977.
Amick claims she was further exposed to asbestos during home renovations in the 1950s and 1960s at her and her husband’s home in Vienna, WV.
According to the lawsuit, the actions of the defendants were negligent. Amick and her husband, Eldon E. Amick, are seeking compensatory and punitive damages with pre- and post-judgment interest. The 39 companies named as defendants in the suit are: Allied Glove Corporation; American Electric Power Company, Inc.; Brand Insulations, Inc.; CBS Corp.; Certainteed Corporation; Copes-Vulcan, Inc.; Crane Co.; Crown Cork & Seal Company, Inc.; Ebasco Services Incorporated; Fairmont Supply Company; Famous Furnace & Supply Co.; F.B. Wright Company; FMC Corporation; Flowserve US, Inc.; General Electric Company; General Refractories Company; George V. Hamilton, Inc.; Georgia-Pacific, LLC; Grinnell Corporation; Goulds Pumps, Inc.; IMO Industries, Inc.; Ingersoll Rand Company; International Harvester Company; I.U. North America, Inc.; J.H. France Refractories Company; McJunkin Corporation; Mahoning Valley Supply Co.; Metropolitan Life Insurance Company; Nitro Industrial Coverings, Inc.; Ohio Valley Electric Corporation; Pittsburgh Gage & Supply Company; Safety First Industries, Inc.; SepCo Corporation; Spirax SarCo Company, Inc.; Tasco Insulations, Inc.; Union Carbide Corporation; Vimasco Corporation; Warren Pumps, Inc.; and Yarway Corporation.